Friday, September 6, 2013

Times Change

Q In what circumstances, if any, would the president have
constitutional authority to bomb Iran without seeking a use-of-force
authorization from Congress? (Specifically, what about the strategic
bombing of suspected nuclear sites -- a situation that does not involve
stopping an IMMINENT threat?)

A. The President does not have
power under the Constitution to unilaterally authorize a military attack
in a situation that does not involve stopping an actual or imminent
threat to the nation.

As Commander-in-Chief, the President does
have a duty to protect and defend the United States. In instances of
self-defense, the President would be within his constitutional authority
to act before advising Congress or seeking its consent. History has
shown us time and again, however, that military action is most
successful when it is authorized and supported by the Legislative
branch. It is always preferable to have the informed consent of
Congress prior to any military action.

As for the specific
question about bombing suspected nuclear sites, I recently introduced
S.J. Res. 23, which states in part that “any offensive military action
taken by the United States against Iran must be explicitly authorized by
Congress.”

President Barack Obama on August 31, 2013 on decision to seek congressional authorization for Syria attack:

"I believe I have the authority to carry out this military action without specific congressional authorization"

The President refused to say what action he would take if Congress did not provide him with the requested authorization.

Amendment to resolution to authorize military force in Syria as offered by Senator Rand Paul, September 4, 2013:

"It is the sense of the Senate that the President does not have the power
under the Constitution to unilaterally authorize a military attack in a
situation that does not involve stopping an actual or imminent threat
to the nation."

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This blog is about music, baseball, history, books, movies and whatever else catches my interest. It'll have new posts on most days. If I ever get any comments I reserve the right to do whatever I please with them since it's my blog.